Dale Vince & Anor v HM Revenue & Customs

Dale Vince & Anor v HM Revenue & Customs

Relief from sanctions was refused because the breach was serious and significant, there was no good reason for the delay, and granting the application would require vacation of a long-fixed trial date, causing prejudice to the claimants and the administration of justice. The need for efficient litigation and compliance with court orders outweighed the benefit of admitting the late evidence.

Parties
Claimant/respondent: Dale Vince; Claimant/respondent: Ecotricity Group Limited; Defendant/applicant: HM Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
14 October 2016
Procedural Posture
Civil (chancery Division) / Interlocutory Application for Relief From Sanctions Prior to Trial
Outcome
Application for relief from sanctions refused
Legal Topics
Relief From Sanctions, Late Witness Evidence, Trial Management, Compliance With Court Orders
Civil Procedure Relief From Sanctions Late Witness Evidence Trial Management Compliance With Court Orders

Case Brief

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Parties

Dale Vince

Claimant/respondent

Ecotricity Group Limited

Claimant/respondent

HM Revenue & Customs

Defendant/applicant

Procedural Posture

Civil (chancery Division) / Interlocutory Application for Relief From Sanctions Prior to Trial

Legal Issues

  1. 1 Whether HMRC should be granted relief from sanctions to introduce a late witness statement and call Mr Alder as a witness at trial
  2. 2 Whether the late admission of evidence would require vacation of the trial date

Ratio Decidendi

Relief from sanctions was refused because the breach was serious and significant, there was no good reason for the delay, and granting the application would require vacation of a long-fixed trial date, causing prejudice to the claimants and the administration of justice. The need for efficient litigation and compliance with court orders outweighed the benefit of admitting the late evidence.

Court Disposition

Application for relief from sanctions refused

Orders

  • Permission to introduce Mr Alder's witness statement and call him as a witness at trial is denied
  • Application for Mr Alder to give evidence via video link does not arise